Legal Opinion

Newman v. State

Court of Appeals of Maryland

Decided December 13, 2004No. 31, September Term, 2004PublishedCited by 43 opinions

1Opinion of the Court

BATTAGLIA, Judge.

This case presents the issue of the proper scope of the attorney-client privilege and whether a curative instruction adequately counteracted the prejudice of eliciting testimony about the exercise of a defendant’s Miranda rights. Because we find that the communications between Elsa Newman [hereinafter “Newman”] and her former attorney, Stephen Friedman [hereinafter “Friedman”], at issue in the present case fall within the attorney-client privilege and are not subject to the crime-fraud exception, we reverse the decision by the Court of Special Appeals and remand the case to…

2Cases cited53 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Malloy v. HoganSupreme Court of the United States · 1964
  5. Upjohn Co. v. United StatesSupreme Court of the United States · 1981

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3Cited by43 opinions

  1. King v. StateCourt of Appeals of Maryland · 2009
  2. Marquardt v. StateCourt of Special Appeals of Maryland · 2005
  3. CR-RSC Tower I, LLC v. RSC Tower I, LLCCourt of Appeals of Maryland · 2012
  4. Ehrlich v. GroveCourt of Appeals of Maryland · 2007
  5. Sky Angel U.S., LLC v. Discovery Communications, LLCDistrict Court, D. Maryland · 2014

38 more not listed; retrieve them via the Exa API.

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